2010 Federal Register Documents

December

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (12/30/10)

Advisory Board for Exceptional Children, December 30, 2010, 75 FR 82410-01, (PDF), 2010 WL 5388173

SUMMARY: The Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children (Advisory Board) will hold its next meeting in Albuquerque, New Mexico. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) for Indian children with disabilities.

NOTICES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration (12/29/10)

Endangered and Threatened Species; Take of Anadromous Fish , December 29, 2010, 75 FR 82212-01, (PDF), 2010 WL 5343112

SUMMARY: The Puget Sound Treaty Tribes and the Washington Department of Fish and Wildlife submitted to NMFS, pursuant to the protective regulations promulgated for Puget Sound Chinook salmon under Limit 6 of the Endangered Species Act (ESA) 4(d) Rule for salmon and steelhead, a jointly developed Resource Management Plan (RMP). The RMP specifies the future management of commercial, recreational, subsistence and tribal salmon fisheries potentially affecting listed Puget Sound Chinook salmon from May 1, 2010, through April 30, 2015. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to how the RMP addresses the criteria in Limit 6 of the ESA 4(d) Rule.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families (12/16/10)

Public Comment on the Draft Tribal Consultation Policy, December 16, 2010, 75 FR 78709-01, (PDF), 2010 WL 5101561

SUMMARY: On November 5, 2009, President Obama signed the "Memorandum for the Heads of Executive Departments and Agencies on Tribal Consultation." The President stated that his Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications, including, as an initial step, through complete and consistent implementation of Executive Order 13175. The United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian Tribes. The Department of Health and Human Services (HHS) has taken its responsibility to comply with Executive Order 13175 very seriously over the past decade, including the initial implementation of a Department-wide policy on tribal consultation and coordination in 1997, and through multiple evaluations and revisions of that policy, most recently in 2008. Many HHS agencies have already developed their own agency-specific consultation policies that complement the Department-wide efforts.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY (12/15/10)

Proposed Final Policy on Consultation and Coordination With Indian Tribes, December 15, 2010, 75 FR 78198-01, (PDF), 2010 WL 5092103

SUMMARY: The Environmental Protection Agency (EPA) is announcing a 60-day public comment period for the proposed Final EPA Policy on Consultation and Coordination with Indian Tribes (Policy). The Policy complies with the Presidential Memorandum on Tribal Consultation issued November 5, 2009, directing agencies to develop a plan to implement fully Executive Order 13175 (Executive Order). The Executive Order specifies that each Agency must have a process that is accountable to establish regular and meaningful consultation and coordination with tribal officials in the development of policies that have tribal implications. The goals of the Policy are to: Establish clear EPA standards for the consultation process, including defining the what, when, and how of consultation; designate specific EPA personnel responsible for serving as consultation points of contact in order to promote consistency in, and coordination of, the consultation process; and establish a management oversight and reporting structure that will ensure accountability and transparency. The proposed final Policy sets a broad standard for when EPA should consider consulting with federally-recognized tribal governments. Notably, the scope of EPA's proposed consultation policy is intended to be broader than that found in Executive Order 13175.

NOTICES DEPARTMENT OF THE INTERIOR National Park Service (12/14/10)

Long Walk National Historic Trail Feasibility Study, Abbreviated Final Environmental Impact Statement, National Trails Intermountain Region, NM, December 14, 2010, 75 FR 77897-01, (PDF), 2010 WL 5068292

SUMMARY: Pursuant to the National Environmental Policy Act of 1969, (NEPA) 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Abbreviated Final Environmental Impact Statement for the Long Walk National Historic Trail Feasibility Study, National Trails Intermountain Region, New Mexico. Four alternatives and their respective environmental consequences were presented in the feasibility study. Under alternative A, the no-action alternative, current practices and policies would continue. A national historic trail would not be designated, and interpretation and protection of Long Walk-related events and resources would not be coordinated. Under alternative B, Congress would designate two national historic trails (dual designations) to emphasize the unique removal experiences of the Mescalero Apache and Navajo tribes within the contextual history. An auto tour route would be established. Interpretation and education would emphasize the distinctive tribal and individual removal histories. Under alternative C (Environmentally Preferable Alternative) one national historic trail would be designated, emphasizing the removal experiences common to both tribes. An auto tour route would be established. Interpretation and education would emphasize overviews of the Long Walk events.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (12/8/10)

Land Acquisitions; Cherokee Nation of Oklahoma, December 8, 2010, 75 FR 76483-01, (PDF), 2010 WL 4956225

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 16.61 acres of land into trust for the Cherokee Nation of Oklahoma on November 10, 2010.

PROPOSED RULES NUCLEAR REGULATORY COMMISSION (12/6/10)

Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste, December 6, 2010, 75 FR 75641-01, (PDF), 2010 WL 4919468

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern packaging and transportation of radioactive material and physical protection of plants and materials. Specifically, the proposed amendments would require licensees to provide advance notification to Federally recognized Tribal governments regarding shipments of irradiated reactor fuel and certain nuclear wastes for any shipment that passes within or across their reservations. The Tribal government would be required to protect the shipment information as Safeguards Information (SGI).

November

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families (11/30/10)

Request for Public Comment on the Proposed Adoption of Administration for Native Americans (ANA) Program Policies and Procedures, November 30, 2010, 75 FR 74056-01, (PDF), 2010 WL 4821453

SUMMARY: Pursuant to Section 814 of the Native American Programs Act of 1974 (NAPA), as amended, the Administration for Native Americans (ANA) is required to provide members of the public an opportunity to comment on proposed changes in interpretive rules, general statements of policy, and rules of agency procedure or practice, and to give notice of the final adoption of such changes at least 30 days before the changes become effective. In accordance with notice requirements of NAPA, ANA herein describes its proposed interpretive rules, general statements of policy, and rules of agency procedure or practice as they relate to the Fiscal Year (FY) 2011 Funding Opportunity Announcements (FOA) for the following programs: Social and Economic Development Strategies (SEDS), Social and Economic Development Strategies--Tribal Governance (SEDS--TG), Social and Economic Development Strategies--Assets for Independence (SEDS-- AFI), Native Language Preservation and Maintenance (Language P&M), Native Language Preservation and Maintenance--Esther Martinez Initiative (Language-- EMI), and Environmental Regulatory Enhancement (ERE). This notice also provides additional information about ANA's plan for administering the programs.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (11/24/10)

Proposed Finding Against Federal Acknowledgment of the Tolowa Nation , November 24, 2010, 75 FR 71732-01, (PDF), 2010 WL 4737950

SUMMARY: The Department of the Interior (Department) gives notice that the Assistant Secretary--Indian Affairs proposes to determine that the Tolowa Nation, of Fort Dick, CA is not an Indian tribe within the meaning of Federal law. This notice is based on a determination that the group does not meet one of the seven mandatory criteria for a government-to-government relationship with the United States. This proposed finding is based on one criterion alone.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (11/22/10)

Land Acquisitions; Navajo Nation, Arizona Monday, November 22, 2010, 75 FR 71138-01 , (PDF), 2010 WL 4688476

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 405.61 acres of land into trust for the Navajo Nation of Arizona on November 10, 2010.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (11/22/10)

Land Acquisitions; Puyallup Tribe of Washington Monday, November 22, 2010 , 75 FR 71139-01 , (PDF), 2010 WL 4688478

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire a 13.9-acre tract of land into trust for the Puyallup Tribe of Washington (Tribe) on November 10, 2010.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (11/22/10)

Land Acquisitions; Suquamish Indian Tribe, Washington Monday, November 22, 2010, 75 FR 71141-01 , (PDF), 2010 WL 4688480

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire an approximately 6.67-acre tract of land into trust for the Suquamish Indian Tribe of Washington on November 10, 2010.

NOTICES NATIONAL INDIAN GAMING COMMISSION (11/18/10)

Notice of Inquiry and Request for Information; Notice of Consultation Thursday, November 18, 2010, 75 FR 70680-02 , (PDF), 2010 WL 4641519

SUMMARY: This Notice of Inquiry and Notice of Consultation advises the public that the National Indian Gaming Commission (NIGC) is conducting a comprehensive review of all regulations promulgated to implement the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2701 et seq. The Commission is taking a fresh look at its rules in order to determine whether amendments are necessary to more effectively implement IGRA's policies of protecting Indian gaming as a means of generating Tribal revenue, ensuring that gaming is conducted fairly and honestly by both the operator and players, and ensuring that Tribes are the primary beneficiaries of gaming operations. The Commission's challenge is to adapt its rules to ensure that they promote these values into the future. This review is also being prepared in order to submit the NIGC's Semi-Annual Regulatory Review to the Federal Register in April 2011 as required by Executive Order 12866 entitled "Regulatory Planning and Review" and the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. In compliance with Executive Order 13,175 entitled "Consultation and Coordination with Indian Tribal Governments," the NIGC will hold eight consultations during January and February 2011. This Notice of Inquiry invites comments and information that will assist the NIGC in understanding the need for revising any or all of the regulations outlined below. The consultations and public comments requested in this Notice are intended to assist the NIGC with completion of the review and in establishing priorities.

RULES and REGULATIONS DEPARTMENT OF JUSTICE Office of the Attorney General (11/17/10)

Office of Tribal Justice, final rule Wednesday, November 17, 2010, 75 FR 70122-01 , (PDF), 2010 WL 4625292

SUMMARY: This rule will amend part 0 of title 28 of the Code of Federal Regulations to reflect the establishment of the Office of Tribal Justice as a distinct component of the Department of Justice. The Office of Tribal Justice was created by the Attorney General to provide a channel for Tribes to communicate their concerns to the Department, to help coordinate policy on Indian affairs both within the Department and with other Federal agencies, and to ensure that the Department and its components work with Tribes on a government-to-government basis. This rule, which sets forth the Office's organization, mission and functions, amends the Code of Federal Regulations in order to reflect accurately the Department's internal management structure.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (11/16/10)

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs for FY2011 Tuesday, November 16, 2010, 75 FR 69992-01 , (PDF), 2010 WL 4602965

SUMMARY: The Environmental Protection Agency (EPA) will begin to accept requests, from December 1, 2010 through January 31, 2011, for grants to supplement State and Tribal Response Programs. This notice provides guidance on eligibility for funding, use of funding, grant mechanisms and process for awarding funding, the allocation system for distribution of funding, and terms and reporting under these grants. EPA has consulted with state and tribal officials in developing this guidance. The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements and a public record. Another goal is to provide funding for other activities that increase the number of response actions conducted or overseen by a state or tribal response program. This funding is not intended to supplant current state or tribal funding for their response programs. Instead, it is to supplement their funding to increase their response capacity. For fiscal year 2011, EPA will consider funding requests up to a maximum of $1.3 million per state or tribe. Subject to the availability of funds, EPA regional personnel will be available to provide technical assistance to states and tribes as they apply for and carry out these grants.

NOTICES DEPARTMENT OF THE INTERIOR Office of the Secretary (11/3/10)

List of Programs Eligible for Inclusion in Fiscal Year 2011 Funding Agreements To Be Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs, November 3, 2010, 75 FR 67757-01 , (PDF), 2010 WL 4323330

SUMMARY: This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2011 funding agreements with self-governance Indian tribes and lists programmatic targets for each of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of the Interior, pursuant to the Tribal Self-Governance Act.

October

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (10/27/10)

Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs, October 27, 2010, 75 FR 66124-01, (PDF), 2010 WL 4218736

SUMMARY: This notice supplements the list of "Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs," published in the Federal Register on October 1, 2010, and announces that, as of October 1, 2010, the Shinnecock Indian Nation is an Indian entity recognized and eligible to receive services from the Bureau of Indian Affairs (BIA).

NOTICES DEPARTMENT OF THE INTERIOR National Park Services(10/21/10)

Native American Graves Protection and Repatriation Review Committee: Nomination Solicitation, October 21, 2010, 75 FR 65030-01, (PDF), 2010 WL 4115005

SUMMARY: The National Park Service is soliciting nominations for two members of the Native American Graves Protection and Repatriation Review Committee. The Secretary of the Interior will appoint the two members from nominations submitted by national museum organizations and scientific organizations.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families (10/13/10)

Award of a Single-Source Expansion Supplement to the Tribal Law and Policy Institute, October 13, 2010, 75 FR 62839-01, (PDF), 2010 WL 3974219

SUMMARY: The Administration for Children and Families (ACF), Children's Bureau (CB) announces the award of a single-source expansion supplement to the Tribal Law and Policy Institute, West Hollywood, CA, to provide more intensive technical assistance to Tribes. The Tribal Law and Policy Institute administers the National Resource Center for Tribes under a cooperative agreement where technical assistance is provided to Tribes to assist in building organizational capacity so that Tribes may operate their own foster care programs under title IV-E of the Social Security Act. Under the agreement, Tribal Law and Policy Institute identifies promising practices in Tribal child welfare systems, identifies and effectively implements community and culturally based strategies and resources that strengthen Tribal child and family services.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (10/8/10)

Calculation of Annual Federal Medical Assistance Percentages for Indian Tribes for Use in the Title IV-E Foster Care, Adoption Assistance, and Kinship , October 8, 2010, 75 FR 62395-01 , (PDF), 2010 WL 3927118

SUMMARY: The Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. 110-351) directed HHS to establish assistance payment reimbursement rates for Indian Tribes, tribal organizations and tribal consortia participating in certain child welfare programs authorized under title IV-E of the Social Security Act. These reimbursement rates will be calculated in a manner similar to the Federal Medical Assistance Percentage (FMAP) rates used to reimburse States. This notice describes the Department's proposed methodology for calculating these rates.

 

September

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (10/1/10)

Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs, October 1, 2010, 75 FR 60810-01, (PDF), 2010 WL 3811385

SUMMARY: This notice publishes the current list of 564 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. The list is updated from the notice published on August 11, 2009 (74 FR 40218)

PROPOSED RULES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (9/28/10)

No Child Left Behind School Facilities and Construction Negotiated Rulemaking, September 28, 2010, 75 FR 59672-01, (PDF), 2010 WL 3739030

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Affairs is announcing that the No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee will hold its fourth meeting in Bloomington, Minnesota. The purpose of the meeting is to continue working on reports and recommendations to Congress and the Secretary as required under the No Child Left Behind Act of 2001.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (9/23/10)

Notice of Designation of Service Area for Confederated Tribes of the Warm Springs of Oregon, September 23, 2010, 75 FR 57976-02, (PDF), 2010 WL 3696528

SUMMARY: This notice announces approval by the Bureau of Indian Affairs (BIA) of an expansion in service area for the Confederated Tribes of Warm Springs of Oregon, Warm Springs, Oregon (Warm Springs Tribe) for financial assistance and social service programs.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (9/14/10)

Notice of final agency action to transfer title from the United States to the Nisqually Tribe as mandated by Congress., September 14, 2010,
75 FR 55824-01
, (PDF), 2010 WL 3536180

SUMMARY: The Assistant Secretary--Indian Affairs accepts the transfer of the approximately 179.14 acres, more or less, in trust for the Nisqually Indian Tribe of Washington, from the United States Army Corps of Engineers.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR National Indian Gaming Commission(9/10/10)

Delay of effective date of final rule; request for comments, September 10 , 2010,
75 FR 55269-02
, (PDF), 2010 WL 3514836

SUMMARY: The National Indian Gaming Commission ("NIGC") announces the extension of the effective date on the final rule for Minimum Internal Control Standards for Class II Gaming. The final rule was published in the Federal Register on October 10, 2008 (73 FR 60492). The Commission is changing the effective date for the amendments to ss 542.7 and 542.16 (and their renumbering as ss 543.7 and 543.16), as well as the date for operations to implement tribal internal controls found in s 543.3(c)(3) to October 13, 2011, in order to extend the transition time, allow the new Commission time to thoroughly review the rule, and to receive comment on whether the rule should be amended in whole or in part.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration for Native Americans (9/2/10)

Notice of Tribal Consultation, September 2 , 2010, 75 FR 53975-04, (PDF), 2010 WL 3428232

SUMMARY: The Department of Health and Human Services (HHS), Administration for Children and Families (ACF) will host a tribal consultation to solicit input on the agency's draft tribal consultation policy.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR Fish and Wildlife Service (9/1/10)

Final Rule. Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2010-11 Early Season, September 1 , 2010,
75 FR 53774-01, (PDF), 2010 WL 3415511

SUMMARY: This rule prescribes special early-season migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to Tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of Tribal authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.

 

August

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (8/31/10)

Notice of meeting; correction, August 31 , 2010,
75 FR 53334-02, (PDF), 2010 WL 3391997

SUMMARY: The Bureau of Indian Education (BIE) published a document in the Federal Register of August 17, 2010, announcing that the Advisory Board for Exceptional Children (Advisory Board) will hold its next meeting in Washington, DC. The notice included an incorrect call-in number.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (8/31/10)

Issuance of NPDES General Permits for Wastewater Lagoon Systems Located in Indian Country in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming, August 31 , 2010, 75 FR 53299-01, (PDF), 2010 WL 3391959

SUMMARY: EPA Region 8 is hereby giving notice of its reissuance of five National Pollutant Discharge Elimination System (NPDES) general permits for wastewater lagoon systems that are located in Indian country in the States of Montana, North Dakota, South Dakota, Utah and Wyoming and the issuance of the NPDES general permit for wastewater lagoon systems that are located in Indian country in the State of Colorado and that are treating primarily domestic wastewater. The general permits are grouped geographically by State, with the permit coverage being for specified Indian reservations in the State; any land held in trust by the United States for an Indian Tribe; and any other areas which are Indian country within the meaning of 18 U.S.C. 1151. The permits for the States of MT, ND, SD, UT, and WY are being reissued and replace permits that were issued in 2004. Those permits expired August 16, 2009, and have been administratively extended. The permit for the State of Colorado is being issued for the first time. The effective date of these general permits is September 14, 2010.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (8/27/10)

Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 2010 Indian Community Development Block Grant (ICDBG) Program for Indian Tribes and Alaska Native Villages, August 27, 2010, 75 FR 52771-01, (PDF), 2010 WL 3358548

SUMMARY: HUD announces the availability on its Web site of the application information, submission deadlines, funding criteria, and other requirements for the FY2010 ICDBG NOFA. Approximately $65 million is made available through this NOFA, by the Consolidated Appropriations Act, 2010 (Pub. L. 111-117, approved December 16, 2009). Of this amount, up to $3.96 million is retained to fund Imminent Threat Grants. The purpose of the ICDBG program is the development of viable Indian and Alaska Native communities, including the creation of decent housing, suitable living environments, and economic opportunities primarily for persons with low and moderate incomes. The notice providing information regarding the application process, funding criteria and eligibility requirements can be found using the Department of Housing and Urban Development agency link on the Grants.gov/Find Web site at http://www.grants.gov/search/agency.do. A link to Grants.gov is also available on the HUD Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The Catalogue of Federal Domestic Assistance (CFDA) number for the ICDBG is 14.862. Applications must be submitted electronically through Grants.gov.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (8/26/10)

Land Acquisitions; Tohono O'odham Nation, Arizona, August 26, 2010, 75 FR 52550-01, (PDF), 2010 WL 3336715

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire Parcel 2 consisting of 53.54 acres of land into trust for the Tohono O'odham Nation of Arizona on July 23, 2010. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (8/18/10)

Proposed finding against federal acknowledgment of the Central Band of Cherokee, August 18, 2010, 75 FR 48329-02, (PDF), 2010 WL 3235829

SUMMARY: Notice is hereby given that the Assistant Secretary-Indian Affairs (AS-IA) proposes to decline to acknowledge that the group known as the "Central Band of Cherokee" (CBC), Petitioner #227, c/o Mr. Joe H. White, #1 Public Square, Lawrenceburg, Tennessee 38464, is an Indian tribe within the meaning of Federal law. This notice is based on an investigation pursuant to 25 CFR 83.10(e) that determined that the petitioner does not meet one of the seven mandatory criteria set forth in 25 CFR 83.7, specifically criterion 83.7(e), and therefore does not meet the requirements for a government-to-government relationship with the United States.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 (8/12/10)

Approval and Promulgation of Gila River Indian Community's Tribal Implementation Plan, Thursday, August 12, 2010, 75 FR 48880-02, (PDF), 2010 WL 3164603

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve the Gila River Indian Community's (GRIC or the Tribe) Tribal Implementation Plan (TIP) under the Clean Air Act (CAA) to regulate air pollution within the exterior boundaries of the Tribe's reservation. The proposed TIP is one of four CAA regulatory programs that comprise the Tribe's Air Quality Management Plan (AQMP). EPA approved the Tribe for treatment in the same manner as a State (Treatment as State or TAS) for purposes of administering the AQMP and other CAA authorities on October 21, 2009. In this action we propose to act only on those portions of the AQMP that constitute a TIP containing severable elements of an implementation plan under CAA section 110(a). The proposed TIP includes general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of air pollution, enforcement authorities, procedures for administrative appeals and judicial review in Tribal court, requirements for area sources of fugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations. The purpose of the proposed TIP is to implement, maintain, and enforce the National Ambient Air Quality Standards (NAAQS) in the GRIC reservation. The intended effect of today's proposed action is to make the GRIC TIP federally enforceable.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (8/10/10)

Tribal Drinking Water Operator Certification Program, Tuesday, August 10, 2010, 75 FR 48329-02, (PDF), 2010 WL 3115907

SUMMARY: This notice announces the program details of EPA's voluntary Tribal Drinking Water Operator Certification Program, effective October 1, 2010. The program enables qualified drinking water operators at public water systems in Indian country to be recognized as certified operators by EPA. This program will provide the benefits of certification to both the public water system operators and the Tribal communities they serve. Through the training required to receive and maintain certification, operators learn how to supply drinking water that meets national standards and gain understanding of the associated public health benefits. Certification demonstrates the operator has the skills, knowledge, education and experience necessary to deliver safe water supporting consumer confidence. Certification designates the water system operator as a public health professional and demonstrates the operator has the skills, knowledge, education and experience necessary to deliver safe water supporting consumer confidence.

July

NOTICES NATIONAL INDIAN GAMING COMMISSION (7/29/10)

Fee Rate , Thursday, July 29, 2010, 75 FR 44807-01, (PDF), 2010 WL 2937341

SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.1(a) (3), that the National Indian Gaming Commission has adopted final annual fee rates of 0.00% for tier 1 and 0.060% (.00060) for tier 2 for calendar year 2010. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the preliminary fee rate on class II revenues for calendar year 2010 shall be one-half of the annual fee rate, which is 0.030% (.00030).

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (7/14/10)

Implementation of Question 10 of 25 CFR Part 170, Subpart C, Indian Reservation Roads Program, Wednesday, July 14, 2010, 75 FR 40849-02 , (PDF), 2010 WL 2753548

SUMMARY: The Bureau of Indian Affairs (BIA) is announcing tribal consultations to discuss a proposed change in how BIA and the Federal Highway Administration (FHWA) will implement Question 10 of 25 CFR Part 170, Subpart C. Question 10 determines the percentages that certain transportation facilities contribute to the calculation of the Relative Need Distribution Factor (RNDF) formula for Indian Reservation Road (IRR) Program funds. The determination is significant because a facility's eligibility for Federal funds will be used to determine the amount of IRR funds a tribe may be eligible to receive. The proposed change will affect the allocation of funding among tribes.

NOTICES DEPARTMENT OF THE TREASURY (7/12/10)

Tribal Economic Development Bonds, Monday, July 12, 2010, 75 FR 39730-01, (PDF), 2010 WL 2717437

SUMMARY: Pursuant to 25 CFR 83.10(e), notice is hereby given that the Assistant Secretary--Indian Affairs (AS-IA) proposes to decline to acknowledge that the group known as the "Choctaw Nation of Florida" (CNF), Petitioner #288, c/o Mr. Alfonso James, Jr., Post Office Box 6322, Marianna, Florida, 32447, is an Indian tribe within the meaning of Federal law. This notice is based on an investigation that determined that the petitioner does not meet one of the seven mandatory criteria set forth in 25 CFR Part 83.7, specifically criterion 83.7(e), and therefore does not meet the requirements for a government-to-government relationship with the United States.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (7/12/10)

Proposed Finding Against Federal Acknowledgment of the Choctaw Nation of Florida Tribe, Monday, July 12, 2010, 75 FR 39703-02, (PDF), 2010 WL 2717415

SUMMARY: Pursuant to 25 CFR 83.10(e), notice is hereby given that the Assistant Secretary--Indian Affairs (AS-IA) proposes to decline to acknowledge that the group known as the "Choctaw Nation of Florida" (CNF), Petitioner #288, c/o Mr. Alfonso James, Jr., Post Office Box 6322, Marianna, Florida, 32447, is an Indian tribe within the meaning of Federal law. This notice is based on an investigation that determined that the petitioner does not meet one of the seven mandatory criteria set forth in 25 CFR Part 83.7, specifically criterion 83.7(e), and therefore does not meet the requirements for a government-to-government relationship with the United States.

June

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (6/24/10)

No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee--Notice of Meeting, Thursday, June 24, 2010, 75 FR 36117-01 , (PDF), 2010 WL 2515373

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Affairs is announcing that the No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee will hold its third meeting in Rapid City, South Dakota. The purpose of the meeting is to continue working on reports and recommendations to Congress and the Secretary as required under the No Child Left Behind Act of 2001.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 1000 (6/24/10)

Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee Meeting , Thursday, June 24, 2010, 75 FR 36022-01, (PDF), 2010 WL 2515427

SUMMARY: This document announces the sixth meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (6/18/10)

Final Determination for Federal acknowledgment of the Shinnecock Indian Nation, Friday, June 18, 2010, 75 FR 34760-01, (PDF), 2010 WL 2423412

SUMMARY: The Department of the Interior (Department) gives notice that the Acting Principal Deputy Assistant Secretary-Indian Affairs (PDAS-IA) has determined the Shinnecock Indian Nation is entitled to be acknowledged as an Indian tribe within the meaning of Federal law. This notice is based on a determination that affirms the reasoning, analysis, and conclusions in the Proposed Finding (PF). The petitioner satisfies the seven mandatory criteria for acknowledgment set forth in the applicable regulations, and therefore, meets the requirements for a government-to-government relationship with the United States. This notice is the Final Determination (FD). Based on the limited nature and extent of comment and consistent with prior practices, the Department did not produce any detailed report or other summary under the criteria pertaining to this FD.

RULES and REGULATIONS DEPARTMENT OF EDUCATION 34 CFR Part 371 (6/16/10)

Vocational Rehabilitation Service Projects for American Indians with Disabilities, Wednesday, June 16, 2010, 75 FR 34296-01, (PDF), 2010 WL 2380639

SUMMARY: The Secretary is adopting as final, without changes, interim final regulations for the American Indian Vocational Rehabilitation Services (AIVRS) program to permit a consortium of Indian tribes to establish a separate legal entity to apply for a grant under this program. These final regulations are needed to enable the Department to make grants to Indian tribes that choose to form a consortium and, rather than authorizing one of the Indian tribes of the consortium to serve as the grantee, create a separate legal entity that serves as the grantee on behalf of the consortium and that is responsible for using the grant funds to provide services to all the Indian tribes in the consortium.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service (6/16/10)

Reimbursement Rates for Calendar Year 2010, Wednesday, June 16, 2010, 75 FR 34147-03 , (PDF), 2010 WL 2380549

SUMMARY: Notice is given that the Director of Indian Health Service (IHS), under the authority of sections 321(a) and 322(b) of the Public Health Service Act (42 U.S.C. 248 and 249(b)), Public Law 83-568 (42 U.S.C. 2001(a)), and the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), has approved the following rates for inpatient and outpatient medical care provided by IHS facilities for Calendar Year 2010 for Medicare and Medicaid beneficiaries and beneficiaries of other Federal programs. The Medicare Part A inpatient rates are excluded from the table below as they are paid based on the prospective payment system. Since the inpatient rates set forth below do not include all physician services and practitioner services, additional payment may be available to the extent that those services meet applicable requirements. Section 1880 of the Social Security Act authorizes Medicare Part B payment to hospitals and ambulatory care clinics operated by IHS or by an Indian Tribe or Tribal organization.

NOTICES DEPARTMENT OF INTERIOR Bureau of Reclamation (6/14/10)

Klamath Hydroelectric Settlement Agreement, including secretarial determination on whether to remove four dams on the Klamath River in California and Oregon, Monday, June 14, 2010, 75 FR 33634-01, (PDF), 2010 WL 2344806

SUMMARY:Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, and the California Environmental Quality Act (CEQA), the Department of the Interior (Department), through the Bureau of Reclamation (Reclamation), and the California Department of Fish and Game (CDFG) intend to prepare an EIS/EIR. The Department and CDFG will conduct public scoping meetings to solicit comments concerning the issues, alternatives, and analyses to be considered in the evaluation of whether to remove four dams on the Klamath River pursuant to the terms of the Klamath Hydroelectric Settlement Agreement (KHSA). Section 3.3.1 of the KHSA states: "Based upon the record, environmental compliance and other actions described in Section 3.2, and in cooperation with the Secretary of Commerce and other Federal agencies as appropriate, the Secretary shall determine whether, in his judgment, the conditions of Section 3.3.4 have been satisfied, and whether, in his judgment, Facilities Removal (i) will advance restoration of the salmonid fisheries of the Klamath Basin, and (ii) is in the public interest, which includes but is not limited to consideration of potential impacts on affected local communities and Tribes."

RULES and REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service 25 CFR Part 900 (6/4/10)

Indian Self-Determination Act contracts and annual funding agreements--appeal procedures , Friday, June 4, 2010, 75 FR 31699-01, (PDF), 2010 WL 2213001

SUMMARY: The Bureau of Indian Affairs (BIA) in the Department of the Interior (DOI) and the Indian Health Service (IHS) in the Department of Health and Human Services (HHS) are making limited technical amendments to their joint regulations governing contracts and annual funding agreements under the Indian Self-Determination and Education Assistance Act to update the appeals procedures.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service (6/2/10)

Statutorily Mandated Single Source Award Program Name: National Indian Health Board, Wednesday, June 2, 2010, 75 FR 30842-01, (PDF), 2010 WL 2174932

SUMMARY:Funding amounts for each project, per Agency are delineated below. All project funding is subject to available funds; hence all supplemental projects outlined in this notice may not be awarded if the Agency does not identify funding for each activity.
Indian Health Service (IHS) Funding
(1) Budget Formulation not to exceed $65,000.
(2) Methamphetamine Abuse and Suicide Prevention Initiative (MSPI) not to exceed
$50,000.
(3) IHS Medicaid, Medicare Policy Committee (MMPC) not to exceed $100,000.
Centers for Medicare and Medicaid Services (CMS) Funding
(1) Study and improve the administration and effectiveness of the Medicare,
Medicaid and Children's Health Insurance Program (CHIP) in Indian County not to
exceed $450,000.
(2) Data Analysis, Consultation and Training not to exceed $250,000.
(3) American Recovery and Reinvestment Act (ARRA) Health Information Technology
(HIT) not to exceed $100,000.

NOTICES DEPARTMENT OF THE INTERIOR Minerals Management Service (6/1/10)

Notice Terminating the Exclusion of Indian Tribal Leases in the Uintah and Ouray Reservation From Valuation Under 30 CFR 206.172, Tuesday, June 1, 2010, 75 FR 30430-01, (PDF), 2010 WL 2158965

SUMMARY: Reservation (Reservation) in Utah, the Minerals Management Service (MMS) is terminating the exclusion from valuation under the regulations at 30 CFR 206.172, based on a request by the Ute Indian Tribe of the Uintah and Ouray Reservation.

May

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (5/26/10)

Rate Adjustments for Indian Irrigation Projects, Wednesday, May 26, 2010, 75 FR 29577-02, (PDF), 2010 WL 2068266

SUMMARY: The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation projects located on or associated with various Indian reservations throughout the United States. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We are notifying you that we have adjusted the irrigation assessment rates at several of our irrigation projects and facilities to reflect current costs of administration, operation, maintenance, and rehabilitation.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (5/20/10)

Deadline for submission of applications to be included on the Roll of Western Shoshone Identifiable Group of Indians for Judgment Fund Distribution, Thursday, May 20, 2010, 75 FR 28280-02, (PDF), 2010 WL 1989502

SUMMARY: This notice establishes the deadline by which applications must be received for eligible individuals to be listed on the roll that will be used as the basis for distributing the judgment funds awarded by the Indian Claims Commission to the Western Shoshone Identifiable Group of Indians in Docket No. 326-K.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs(5/19/10)

Indian Child Welfare Act; Designated Tribal Agents for Service of Notice, Wednesday, May 19, 2010, 75 FR 28104-01, (PDF), 2010 WL 1975823

SUMMARY: The regulations implementing the Indian Child Welfare Act provide that Indian Tribes may designate an agent other than the Tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated Tribal agents for service of notice. The names are those received by the Secretary of the Interior before the date of this publication.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (5/18/10)

Announcement of Funding Awards for the Indian Community Development Block Grant Program for Fiscal Year 2009 , Tuesday, May 18, 2010, 75 FR 27801-01, (PDF), 2010 WL 1955096

SUMMARY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Fiscal Year 2009 (FY 2009) Notice of Funding Availability (NOFA) for the Indian Community Development Block Grant (ICDBG) Program. This announcement contains the consolidated names and addresses of this year's award recipients under the ICDBG.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service 50 CFR Part 20 (5/13/10)

Migratory Bird Hunting; Proposed 2010-11 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2011 Spring and Summer Migratory Bird Subsistence Harvest Proposals in Alaska , Thursday, May 13, 2010, 75 FR 27144-01, (PDF), 2010 WL 1903575

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2010-11 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2010-11 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2011 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

NOTICES DEPARTMENT OF TRANSPORTATION, Federal Transit Administration (5/13/10)

Public Transportation on Indian Reservations Program; Tribal Transit Program , Thursday, May 13, 2010, 75 FR 27114-01, (PDF), 2010 WL 1903555

SUMMARY: This notice announces the availability of $15,074,963 million in funding provided by the Public Transportation on Indian Reservations Program (Tribal Transit Program (TTP)), a program authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Section 3013(c). This notice is a national solicitation for grant proposals and it includes the selection criteria and program eligibility information for FY 2010 projects.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (5/13/10)

Notice of Public Comment on Tribal Consultation Sessions , Thursday, May 13, 2010, 75 FR 26973-01, (PDF), 2010 WL 1903495

SUMMARY: Pursuant to the Improving Head Start for School Readiness Act of 2007, Public Law 110-134, notice is hereby given of one-day Tribal Consultation Sessions to be held between the Department of Health and Human Services, Administration for Children and Families, Office of Head Start leadership and the leadership of Tribal Governments operating Head Start (including Early Head Start) programs. The purpose of these Consultation Sessions is to discuss ways to better meet the needs of American Indian and Alaska Native children and their families, taking into consideration funding allocations, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations [42 U.S.C. 9835, Section 640(l)(4)].

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (5/12/10)

Notice of Re-Designation of the service delivery area for the Cowlitz Indian Tribe , Wednesday, May 12, 2010, 75 FR 26774-01 , (PDF), 2010 WL 1868494

SUMMARY: This Notice advises the public that the Indian Health Service (IHS) has decided to expand the geographic boundaries of the Service Delivery Area (SDA) for the Cowlitz Indian Tribe. The Cowlitz SDA currently is comprised of Clark, Cowlitz, King, Lewis, Pierce, Skamania, and Thurston in the State of Washington. These counties were designated as the Tribe's SDA in 67 FR 46329. Under this final decision, Columbia County, Oregon, and Kittitas and Wahkiakum Counties, Washington will be added to the existing Cowlitz SDA.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (5/3/10)

Advisory Board for exceptional children, Monday, May 3, 2010, 75 FR 23288-01 , (PDF), 2010 WL 1739181

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children (Advisory Board) will hold its next meeting in Old Town, Maine. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) for Indian children with disabilities.

April

NOTICES DEPARTMENT OF INTERIOR, Minerals Management Service (4/27/10)

Major portion prices and due date for additional royalty payments on Indian gas production in designated areas not associated with an index zone, Tuesday, April 27, 2010, 75 FR 22159-01 , (PDF), 2010 WL 1649663

SUMMARY: Final regulations for valuing gas produced from Indian leases, published August 10, 1999, require MMS to determine major portion prices and notify industry by publishing the prices in the Federal Register. The regulations also require MMS to publish a due date for industry to pay additional royalties based on the major portion prices. This notice provides major portion prices for the 12 months of calendar year 2008.

NOTICES DEPARTMENT OF INTERIOR , Bureau of Indian Affairs (4/27/10)

Grant Program to assess, evaluate and promote development of Tribal energy and mineral resources, Tuesday, April 27, 2010, 75 FR 22153-02 , (PDF), 2010 WL 1649662

SUMMARY: The Energy and Mineral Development Program (EMDP) provides funding to Indian tribes with the mission goal of assessing, evaluating, and promoting energy and mineral resources on Indian trust lands for the economic benefit of Indian mineral owners. To achieve these goals, the Department of the Interior's Office of Indian Energy and Economic Development (IEED), through its Division of Energy and Mineral Development (DEMD) office, is soliciting proposals from tribes. The Department will use a competitive evaluation process to select several proposed projects to receive an award.

RULES and REGULATIONS DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1003 , (4/19/10)

Regulatory reporting requirements for the Indian community development block Grant program , Monday, April 19, 2010, 75 FR 20269-01, (PDF), 2010 WL 1521258

SUMMARY: This final rule revises the reporting requirements for the Indian Community Development Block Grants (ICDBG) program. First, the rule provides for submission of a single annual report on the hiring of minority business enterprises, due each October. Currently, ICDBG grantees are required to report on these activities on a semiannual basis, with reports being due to HUD on April 10 and October 10 of each year. Second, this rule requires ICDBG grantees to use the Logic Model form developed as part of HUD's Notice of Funding Availability (NOFA) process. The required use of the Logic Model will conform the ICDBG reporting requirements to those of other HUD competitive funding programs, and enhance the evaluation of grantee performance by ensuring uniformity in the information provided by ICDBG grantees on performance goals. This final rule follows publication of an October 23, 2009, proposed rule on which HUD received two public comments, both of which were supportive of the rule.

NOTICES DEPARTMENT OF AGRICULTURE, Farm Service Agency, (4/06/10)

Notice of Funds Availability (NOFA) to Invite Applications for the American Indian and Alaska Native Credit Outreach Initiative, Tuesday, April 6, 2010, 75 FR 17370-01, (PDF), 2010 WL 1282858

SUMMARY: The Farm Service Agency (FSA) is requesting applications for competitive cooperative agreement funds for Fiscal Year (FY) 2010 for the credit outreach initiative targeted to American Indian and Alaska Native farmers, ranchers, and youth residing primarily on Indian reservations within the contiguous United States and in Alaska. There is $400,000 available in funding for the remainder of FY 2010. FSA will make one award to a successful applicant through a cooperative agreement. FSA requests proposals from eligible nonprofit organizations, land-grant institutions, and federally-recognized Indian tribal governments interested in a competitively-awarded cooperative agreement to create and implement a mechanism that will provide credit outreach and promotion, pre-loan education, and one-on-one loan application preparation assistance to American Indian and Alaska Native farmers, ranchers, and youth. Successful proposals may include other innovative services intended to enhance participation by American Indians and Alaska Natives in specific FSA Agricultural Credit Programs and other relevant credit programs available to American Indian and Alaska Native producers.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Bureau of Indian Affairs, 48 CFR Chapter 14 (4/01/10)

Announcement of funding awards for the public and Indian housing family self- sufficiency program under the Resident Opportunity and Self-Sufficiency (ROSS) Program for Fiscal Year 2009, Thursday,April 1, 2010, 75 FR 16493-02, (PDF), 2010 WL 1231803

SUMMARY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department for funding under the FY 2009 Notice of Funding Availability (NOFA) for the Public and Indian Housing Family Self-Sufficiency Program under the Resident Opportunity and Self-Sufficiency (ROSS) Program for Fiscal Year 2009. This announcement contains the consolidated names and addresses of those award recipients selected for funding based on the funding priority categories established in the NOFA.

March

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 48 CFR Chapter 14 (3/26/10)

Tribal consultation on Draft Buy Indian Act Regulations , Friday, March 26, 2010, 75 FR 14547-01, (PDF), 2010 WL 1130817

SUMMARY: Indian Affairs will conduct consultation meetings with Indian tribes to obtain oral and written comments concerning draft regulations to implement the Buy Indian Act. See the SUPPLEMENTARY INFORMATION section of this notice for details.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1000 (3/25/10)

Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated rulemaking committee meeting; Correction , Thursday, March 25, 2010, 75 FR 14390-01, (PDF), 2010 WL 1063697

SUMMARY: HUD published a document in the Federal Register on March 19, 2010, announcing a meeting of the Native American Housing Assistance & Self-Determination Negotiated Rulemaking Committee. The document contained an incorrect telephone number for the location where the meeting is to take place. The location, address, and dates of the meeting remain as previously published.

NOTICES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration (3/24/10)

Pacific Coastal Salmon Recovery Fund , Wednesday, March 24, 2010, 75 FR 14135-02, (PDF), 2010 WL 1046555

SUMMARY: NOAA announces the availability of Pacific Coastal Salmon Recovery Funding (PCSRF), as authorized in the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and Southern Boundary Restoration and Enhancement Fund, to support the restoration and conservation of Pacific salmon and steelhead populations and their habitat. The program makes funding available to the States of Alaska, Washington, Oregon, Idaho, California and Nevada and Federally-recognized tribes of the Columbia River and Pacific Coast for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or identified by a State as at-risk or to be so-listed; for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing; or for conservation of Pacific coastal salmon and steelhead habitat. This announcement outlines the guidelines that will be used to distribute funding to eligible entities.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Land Management (3/19/10)

Alaska Native claims selection , Friday, March 19, 2010, 75 FR 13297-01, (PDF), 2010 WL 978932

SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that the Bureau of Land Management will issue an appealable decision approving the conveyance of surface and subsurface estates for certain lands pursuant to the Alaska Native Claims Settlement Act to Doyon, Limited for 118.47 acres, located southeast of the Native village of Hughes, Alaska. Notice of the decision will also be published four times in the Fairbanks Daily News-Miner.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1000 (3/19/10)

Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated rulemaking committee meeting , Friday, March 19, 2010 , 75 FR 13243-01, (PDF), 2010 WL 979032

SUMMARY: This document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.

NOTICES NATIONAL INDIAN GAMING COMMISSION , (3/18/10)

The National Environmental Policy Act procedures manual , Thursday, March 18, 2010 , 75 FR 13139-02 , (PDF), 2010 WL 956747

SUMMARY: This notice reopens the period for comments on the Draft NEPA Procedures Manual published in the Federal Register on December 4, 2009 (74 FR 63765-74 FR 63787). Previously, the Commission reopened the comment period from January 19, 2010, to March 4, 2010 (75 FR 3756).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/16/10)

Proclaiming certain lands as an addition to the Confederated Tribes of the Chehalis Reservation, Washington , Tuesday, March 16, 2010, 75 FR 12565-01, (PDF), 2010 WL 896811

SUMMARY: This notice informs the public that the Assistant Secretary-Indian Affairs proclaimed approximately 213.73 acres, more or less, to be added to the Chehalis Indian Reservation, Washington.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR , Office of the Secretary, 43 CFR Part 10 (3/15/10)

Native American Graves Protection and Repatriation Act regulations-disposition of culturally unidentifiable human remains , Monday, March 15, 2010, 75 FR 12378-01 , (PDF), 2010 WL 887174

SUMMARY: This final rule implements the Native American Graves Protection and Repatriation Act by adding procedures for the disposition of culturally unidentifiable Native American human remains in the possession or control of museums or Federal agencies. This rule also amends sections related to purpose and applicability of the regulations, definitions, inventories of human remains and related funerary objects, civil penalties, and limitations and remedies.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (3/10/10)

Issuance of final policy directive , Wednesday, March 10, 2010, 75 FR 11181-01 , (PDF), 2010 WL 785038

SUMMARY: The Administration for Native Americans (ANA) is issuing final interpretive rules, general statements of policy and rules of agency organization, procedure, or practice relating to the following Funding Opportunity Announcements (FOAs): Social and Economic Development Strategies (hereinafter referred to as SEDS), Social and Economic Development Strategies-Special Initiative (hereinafter referred to as SEDS-SI), Native Language Preservation and Maintenance (hereinafter referred to as Language Preservation), Native Language Preservation and Maintenance-Esther Martinez Initiative (hereinafter referred to as Language-EMI), and Environmental Regulatory Enhancement (hereinafter referred to as ERE). This notice also provides information about how ANA will administer these programs.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (3/8/10)

Tribal self-governance program planning cooperative agreement; Announcement , Monday, March 8, 2010, 75 FR 10496-01 , (PDF), 2010 WL 752109

SUMMARY: The purpose of the Planning Cooperative Agreement is to provide resources to Tribes interested in participating in the Tribal Self-Governance Program (TSGP), as authorized by Public Law 106-260, the Tribal Self-Governance Amendments of 2000, and Title V of the Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended (Title V) (25 U.S.C. 458aaa-2(e)). The Planning Cooperative Agreement enables a Tribe to gather information on the current types of programs, services, functions, and activities (PSFAs) and related funding available at the Service Unit, Area, and Headquarters levels as well as determine the organizational preparation related to the administration of health programs. There is limited competition under this announcement because the authorizing legislation restricts eligibility to Tribes that meet specific criteria (Refer to Section III.1.A., Eligible Applicants in this announcement). The TSGP is designed to promote Self-Governance by enabling Tribes to assume control of Indian Health Service (IHS) PSFAs, or portions thereof, through compacts negotiated with the IHS. This program is described at 93.444 in the Catalog of Federal Domestic Assistance (CFDA).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/1/10)

Plan for the use and distribution of the confederated tribes of the Warm Springs Reservation of Oregon judgment funds in Docket 02-126L Before the United States Federal Court of Claims , Monday, March 1, 2010, 75 FR 9250-02 , (PDF), 2010 WL 677564

SUMMARY: Notice is hereby given that the plan for the use and distribution of the judgment funds awarded to the Confederated Tribes of the Warm Springs Reservation of Oregon v. U.S., Docket No. 02-261L, is effective as of December 18, 2009. The judgment funds were awarded by the United States Court of Federal Claims on January 16, 2009. The Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon enacted Tribal Resolution No. 10,997, on January 22, 2009, to accept the Tribal Use and Distribution Plan providing for the disposition of the settlement funds. Funds were appropriated on March 5, 2009.

February

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary of the Interior (2/25/10)

Proposed Appointment to the National Indian Gaming Commission , Thursday, February 25, 2010, 75 FR 8731-02 , (PDF), 2010 WL 637440

SUMMARY: The Indian Gaming Regulatory Act provides for a three-person National Indian Gaming Commission. One member, the chairman, is appointed by the President with the advice and consent of the Senate. Two associate members are appointed by the Secretary of the Interior. Before appointing members, the Secretary is required to provide public notice of a proposed appointment and allow a comment period. Notice is hereby given of the proposed appointment of Daniel J. Little as an associate member of the National Indian Gaming Commission for a term of 3 years.

RULES and REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, 45 CFR Parts 309 and 310(2/25/10)

Computerized Tribal IV-D Systems and Office Automation, Thursday, February 25, 2010, 75 FR 8508-01, (PDF), 2010 WL 637509

SUMMARY: This rule enables Tribes and Tribal organizations currently operating comprehensive Tribal Child Support Enforcement programs under Title IV-D of the Social Security Act (the Act) to apply for and receive direct Federal funding for the costs of automated data processing. This rule addresses the Secretary's commitment to provide instructions and guidance to Tribes and Tribal organizations on requirements for applying for, and upon approval, securing Federal Financial Participation (FFP) in the costs of installing, operating, maintaining, and enhancing automated data processing systems.

NOTICES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration (2/19/10)

Species recovery grants to Tribes program , Friday, February 19, 2010, 75 FR 7448-01 , (PDF), 2010 WL 563104

SUMMARY: The National Marine Fisheries Service publishes this notice to solicit proposals for the Species Recovery Grants to Tribes Program. The principal objective of the Program is to support recovery efforts that directly benefit threatened or endangered species, recently de-listed species, or candidate species. Recovery efforts may involve management, research, monitoring, and outreach activities or any combination thereof. For FY 2010, NOAA anticipates that approximately $1 million will be available for distribution under this program. Only federally recognized tribes are eligible to apply under this solicitation.

NOTICES DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education Indian Education-Professional (2/8/10)

Development Grants , Monday, February 8, 2010, 75 FR 6192-02 , (PDF), 2010 WL 422278

SUMMARY: On December 18, 2009, we published in the Federal Register (74 FR 67182) a notice inviting applications for new awards for FY 2010 for the Indian Education-Professional Development Grants. The Intergovernmental Review Deadline date as published on page 67184 is corrected to April 26, 2010. The specific change to be made is as follows: On page 67184, second column, the date listed for Deadline for Intergovernmental Review is changed to read "April 26, 2010."

NOTICES DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education Indian Education-Professional (2/8/10)

Grants for Indian Children Catalog of Federal Domestic Assistance (CFDA) , Monday, February 8, 2010, 75 FR 6192-01, (PDF), 2010 WL 422277

SUMMARY: On December 3, 2009, we published in the Federal Register (74 FR 63398) a notice inviting applications for new awards for FY 2010. The notice specified a deadline date of February 18, 2010 for the submission of applications. Since publication, however, we have learned that the Department's e-Application system will be shut down for a system update from February 10, 2010 through February 15, 2010. Therefore, in order to give applicants adequate time to submit their application packages, we are changing the deadline for the submission of applications to February 25, 2010. With this change in the deadline date, we are also changing the deadline date for intergovernmental review. The specific changes to be made are as follows: On page 63398, first column, the date listed for Deadline for Transmittal of Applications is changed to read "February 25, 2010." On page 63398, first column, the date listed for Deadline for Intergovernmental Review is changed to read "April 26, 2010." On page 63399, second column, the date listed for Deadline for Transmittal of Applications is changed to read "February 25, 2010." On page 63399, second column, the date listed for Deadline for Intergovernmental Review is changed to read "April 26, 2010."

NOTICES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission (2/2/10)

Fee Rate , Tuesday, February 2, 2010, 75 FR 5342-01, (PDF), 2010 WL 342413

SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted preliminary annual fee rates of 0.00% for tier 1 and 0.060% (.00060) for tier 2 for calendar year 2010. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the preliminary fee rate on class II revenues for calendar year 2010 shall be one-half of the annual fee rate, which is 0.030% (.00030).

January

NOTICES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission (1/22/10)

The National Environmental Policy Act Procedures Manual , Friday, January 22, 2010, 75 FR 3756-01, (PDF), 2010 WL 198221

SUMMARY: This notice reopens the period for comments on the Draft NEPA Procedures Manual published in the Federal Register on December 4, 2009 (74 FR 63765, 74 FR 63787).

NOTICES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission (1/22/10)

The National Environmental Policy Act Procedures Manual , Friday, January 22, 2010, 75 FR 3756-01, (PDF), 2010 WL 198221

SUMMARY: This notice reopens the period for comments on the Draft NEPA Procedures Manual published in the Federal Register on December 4, 2009 (74 FR 63765, 74 FR 63787).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/11/10)

Tribal Consultation on proposed revisions to 25 CFR Parts 81 & 82, Monday, January 11, 2010, 75 FR 1407-01 , (PDF), 2010 WL 58170

SUMMARY: Notice is hereby given that the Bureau of Indian Affairs (BIA) will conduct another consultation meeting with Indian tribes reorganized under the Indian Reorganization Act (IRA) and the Oklahoma Indian Welfare Act, and other interested tribal leaders, to obtain oral and written comments concerning the potential revision of regulations at 25 CFR part 81, Tribal Reorganization under a Federal Statute, and 25 CFR part 82, Petitioning Procedures for Tribes Reorganized Under Federal Statute and Other Organized Tribes. In addition to the locations listed in the Federal Register of November 12, 2009, in FR Doc. E9-27181, page 58310, the BIA will conduct a consultation meeting with Indian tribes in Albuquerque, New Mexico.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/11/10)

Tribal Consultation on proposed revisions to 25 CFR Parts 81 & 82, Monday, January 11, 2010, 75 FR 1407-02 , (PDF), 2010 WL 58171

SUMMARY: The Bureau of Indian Affairs published a document in the Federal Register of November 12, 2009, concerning the notice of tribal consultation meetings. The document included the date of January 14, 2010 for the meeting scheduled at the Pala Casino Resort and Spa in Pala, California. This notice changes the date to February 2, 2010, and the location to the Pala Administration Building in Pala, California.

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